Carter & Ford v. Griffin
Supreme Court of Georgia
Levy and claim. Before Judge Bennet. Coffee superior court. August 15, 1900. Execution which issued from a judgment of a justice’s court was proceeding, and a claim was interposed. When t e execution was offered in evidence at the trial, it was objected to on the ground that the record showed that the original summons in the suit in which the judgment was rendered was issued by Heriot, J. P., and that Pafford, N. P. & ex-off.
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Levy and claim. Before Judge Bennet. Coffee superior court. August 15, 1900. Execution which issued from a judgment of a justice’s court was proceeding, and a claim was interposed. When t e execution was offered in evidence at the trial, it was objected to on the ground that the record showed that the original summons in the suit in which the judgment was rendered was issued by Heriot, J. P., and that Pafford, N. P. & ex-off. J. P., by whom the judgment was signed, was not authorized to preside in the case and enter judgment, it not appearing that Heriot and the parties consented to such a…
1Opinion of the CourtLumpkin, P. J.
This case turns upon the ruling announced in the headnote. Section 4072 of the Civil Code provides that, “ WLen a justice of the peace is disqualified from presiding, and there is no other justice of the peace in his district who is qualified, any justice of the peace of the county is qualified to issue all process and to preside in his district.” By the clearest implication, one magistrate-in a given militia district may preside in the court of the other magistrate thereof, if the latter is for any reason disqualified. This section is silent as to whether one magistrate can lawfully preside…
2Cited by5 opinions
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- Goldberg v. StateCourt of Appeals of Georgia · 1920
- Haney & Tinsley v. OwensCourt of Appeals of Georgia · 1929
- Smith v. City of WinderCourt of Appeals of Georgia · 1918